A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On June 27, 2007, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch, and on May 30, 201, the same court received a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

Although the Defendant had a record of violating the prohibition of drunk driving, the Defendant driven a C-II truck without obtaining a driver’s license with a blood alcohol concentration of about 3 km from around 19:50 on April 18, 2020 to the bus stops located in Jinju City B to the bus stops located in Jinsung-gun, Gyeongnam-gun, Gonam-gun, G-II truck without obtaining a driver’s license with a blood alcohol concentration of at least 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. The reason for sentencing of selective sentence of imprisonment with prison labor lies in a period of ten years after the defendant was punished for the same kind of crime. However, the circumstance leading to the driving of the instant drinking and driving without permission, drinking level at the time of drinking driving, and traffic accidents due to the drinking driving of the instant case. In particular, the defendant, even though he was punished several times after his driver's license was revoked due to drinking and driving without permission, shall determine the sentence as ordered by the disposition, taking into account all circumstances, including the fact that he was under the influence of drinking and driving without permission even after his license was revoked.